Brown v. Gauss
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by John E. Brown against Frederick Gauss and others. From orders granting defendants’ motion for dismissal and denying plaintiff’s motion to compel acceptance of notice of trial, plaintiff appeals.
1Opinion of the CourtBischoff, J.
For upwards of two years after joinder of issue the plaintiff omitted all steps toward bringing the cause to trial, and upon this appeal from an order dismissing the action, as well as from an order denying his motion to compel the acceptance of notice of trial, it is contended that the court’s discretion should have been exercised favorably to the plaintiff so far as to permit the further prosecution of the action upon terms. If the rule applied in McMann v. Brown, 92 App. Div. 249, 87 N. Y. Supp. 38, is to have any effect, the papers before us require its application. No better excuse for…
2Cases cited1 opinion
- McMann v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Underwood v. UnderwoodSupreme Court of Georgia · 1914
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914
- Boitel v. ShillingAppellate Division of the Supreme Court of the State of New York · 1914